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Full-Text Articles in Law

Governmental Liability Under Cercla, Steven A.G. Davison Oct 1997

Governmental Liability Under Cercla, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson Oct 1997

Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson

All Faculty Scholarship

From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its ...


An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb Jul 1997

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

All Faculty Scholarship

Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to ...


Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec Jul 1997

Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec

All Faculty Scholarship

The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of ...


From Surrogates To Stories: The Evolution Of Federal Merger Policy, Robert H. Lande, James Langenfeld Apr 1997

From Surrogates To Stories: The Evolution Of Federal Merger Policy, Robert H. Lande, James Langenfeld

All Faculty Scholarship

This article traces the evolution of federal merger policy. It documents how merger enforcement originally was largely based upon very strong structural presumptions. These presumptions gradually eroded and other factors became more and more important in enforcement decisions. Today meger enforcement essentially consists of structural safe harbors and a full rule of reason analysis for any merger not within these safe harbors.


A Feminist View Of American Elder Law, Rebecca Korzec Apr 1997

A Feminist View Of American Elder Law, Rebecca Korzec

All Faculty Scholarship

ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic ...


Equality Revisited, Christopher J. Peters Apr 1997

Equality Revisited, Christopher J. Peters

All Faculty Scholarship

In legal, political, and philosophical discourse, and indeed in everyday life, equality often plays the role of a normatively significant prescriptive principle, a principle that provides reasons for action. Professor Peters, however, joins Peter Westen and others who argue that the traditional statement of prescriptive equality-equals are entitled to equal treatment--is normatively empty because it is a tautology. Like Professor Westen, Professor Peters notes that this traditional principle translates into a statement of simple redundancy: people entitled to equal treatment are entitled to equal treatment. Unlike Professor Westen, however, Professor Peters discerns a nontautological principle of equality, which claims that ...


Pollard And Priorities, Kenneth Lasson Mar 1997

Pollard And Priorities, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Adjudication As Representation, Christopher J. Peters Mar 1997

Adjudication As Representation, Christopher J. Peters

All Faculty Scholarship

This Article sets forth an interpretive theory of adjudicative lawmaking according to which, under certain conditions, such lawmaking ensures constructive participation through interest representation and thus is not inherently nondemocratic. The author contends that the idea of ‘judicial activism,‘ courts deciding issues better left to political processes or substituting the personal ‘values‘ of judges for law, is based on the incorrect assumptions that courts are unconstrained and nonrepresentative. Instead, when adjudication operates in an archetypal way, it produces law in a manner similar to the parliamentary legislation process. Courts making law are constrained by the process of participatory decisionmaking--the production ...


Ideas Of The Marketplace: A Guide To The 1996 Telecommunications Act,, Michael I. Meyerson Feb 1997

Ideas Of The Marketplace: A Guide To The 1996 Telecommunications Act,, Michael I. Meyerson

All Faculty Scholarship

The Telecommunications Act of 1996 represented an enormous experimental step towards deregulating the telecommunications marketplace while opening it up to competition. With an eye towards breaking up the telecommunications monopolies held by local telephone service providers, the Act created regulations that forced local carriers to share their market and their resources with other telecommunications providers. The Telecommunications Act of 1996 itself is extremely complex. This article is a "guided tour" through the major provisions of the Act.

The first step in understanding the Telecommunications Act of 1996 is to understand how the telecommunications industry operates. Part two of this article ...


Long Overdue, Kenneth Lasson Jan 1997

Long Overdue, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


The United Nations Convention On Contracts For The International Sale Of Goods: Reason And Unreason In The United Kingdom, Angelo Forte Jan 1997

The United Nations Convention On Contracts For The International Sale Of Goods: Reason And Unreason In The United Kingdom, Angelo Forte

University of Baltimore Law Review

No abstract provided.


Essay: Adoption Of A First — To — File Patent System: A Proposal, Peter A. Jackman Jan 1997

Essay: Adoption Of A First — To — File Patent System: A Proposal, Peter A. Jackman

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 27 Number 1 (Fall 1997) Front Matter Jan 1997

University Of Baltimore Law Review Volume 27 Number 1 (Fall 1997) Front Matter

University of Baltimore Law Review

No abstract provided.


Rules And Guidelines For The Management Of Attorney's Fees, Catherine C. Blake Jan 1997

Rules And Guidelines For The Management Of Attorney's Fees, Catherine C. Blake

University of Baltimore Law Review

No abstract provided.


Children Are Losing Maryland's "Tender Years" War, Lynn Mclain Jan 1997

Children Are Losing Maryland's "Tender Years" War, Lynn Mclain

University of Baltimore Law Review

Often times, the child is the only witness. Yet age may make the child incompetent to testify in court... "[W]hen the choice is between evidence which is less than best and no evidence at all, only clear folly would dictate an across-the board policy of doing without."


Comments: No Ifs, Ands Or Butts: Big Tobacco Is Fighting For Its Life Against A New Breed Of Plaintiffs Armed With Mounting Evidence, Ingrid L. Dietsch Field Jan 1997

Comments: No Ifs, Ands Or Butts: Big Tobacco Is Fighting For Its Life Against A New Breed Of Plaintiffs Armed With Mounting Evidence, Ingrid L. Dietsch Field

University of Baltimore Law Review

No abstract provided.


Comments: In Re Cager And The Commission To Study Problems Of Illegitimacy, Kevin Kendrick Jan 1997

Comments: In Re Cager And The Commission To Study Problems Of Illegitimacy, Kevin Kendrick

University of Baltimore Law Review

No abstract provided.


Notes: Poe V. State: The Court Of Appeals Of Maryland Limits The Applicability Of The Doctrine Of Transferred Intent, Daniel J. Curry Jan 1997

Notes: Poe V. State: The Court Of Appeals Of Maryland Limits The Applicability Of The Doctrine Of Transferred Intent, Daniel J. Curry

University of Baltimore Law Review

No abstract provided.


Notes: Smallwood V. State: Maryland's High Court Refuses To Permit The Fact Finder To Infer A Specific Intent To Kill From Aids Rape, Tamara Lynn Mabey Jan 1997

Notes: Smallwood V. State: Maryland's High Court Refuses To Permit The Fact Finder To Infer A Specific Intent To Kill From Aids Rape, Tamara Lynn Mabey

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 26 Number 3 (Summer 1997) Front Matter Jan 1997

University Of Baltimore Law Review Volume 26 Number 3 (Summer 1997) Front Matter

University of Baltimore Law Review

No abstract provided.


Lady Liberty Blows Out Her Torch: New Immigration Law Is Unforgiving And Far More Restrictive, John F. Gossart Jr. Jan 1997

Lady Liberty Blows Out Her Torch: New Immigration Law Is Unforgiving And Far More Restrictive, John F. Gossart Jr.

University of Baltimore Law Forum

No abstract provided.


Beyond The Roar Of The Crowd: Victim Impact Testimony Collides With Due Process, Marshall N. Perkins Jan 1997

Beyond The Roar Of The Crowd: Victim Impact Testimony Collides With Due Process, Marshall N. Perkins

University of Baltimore Law Forum

No abstract provided.


Commentary: The Petition To Exhume John Wilkes Booth: A View From The Inside, Francis John Gorman Jan 1997

Commentary: The Petition To Exhume John Wilkes Booth: A View From The Inside, Francis John Gorman

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Board Of Liquor License Commissioners For Baltimore City V. Fells Point Cafe, Inc.: Liquor Board May Not Impose Additional Restrictions On Licensee As Sanctions For Violations, John B. Bratt Jan 1997

Recent Developments: Board Of Liquor License Commissioners For Baltimore City V. Fells Point Cafe, Inc.: Liquor Board May Not Impose Additional Restrictions On Licensee As Sanctions For Violations, John B. Bratt

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Davis V. State: Pretrial Silence Is Relevant To The Impeachment Of An Alibi Witness's Testimony At Trial, Lisa Segerdahl Jan 1997

Recent Developments: Davis V. State: Pretrial Silence Is Relevant To The Impeachment Of An Alibi Witness's Testimony At Trial, Lisa Segerdahl

University of Baltimore Law Forum

No abstract provided.


Recent Developments: In Re Adoption No. 93321055: Parents Who Fail To File A Timely Objection To Adoption Of Their Children Cannot Later Attempt To Revoke This Deemed Consent, Wytonja Curry Jan 1997

Recent Developments: In Re Adoption No. 93321055: Parents Who Fail To File A Timely Objection To Adoption Of Their Children Cannot Later Attempt To Revoke This Deemed Consent, Wytonja Curry

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Old Chief V. United States: Abuse Of Discretion To Admit The Full Record Of Prior Judgment Of Conviction When Defendant Offers To Stipulate, Karen L. Sterner Jan 1997

Recent Developments: Old Chief V. United States: Abuse Of Discretion To Admit The Full Record Of Prior Judgment Of Conviction When Defendant Offers To Stipulate, Karen L. Sterner

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Sheppard V. State: Trial Judge May Not Impose A Condition Of Probation That Usurps An Administrative Agency's Authority, Douglas May Jan 1997

Recent Developments: Sheppard V. State: Trial Judge May Not Impose A Condition Of Probation That Usurps An Administrative Agency's Authority, Douglas May

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Stanberry V. State: Drug Interdiction Search Of Luggage Temporarily Out Of The Owner's Possession Violated The Fourth Amendment, Reginald L. Smith Jan 1997

Recent Developments: Stanberry V. State: Drug Interdiction Search Of Luggage Temporarily Out Of The Owner's Possession Violated The Fourth Amendment, Reginald L. Smith

University of Baltimore Law Forum

No abstract provided.